Law:

Section:

(a) Educational institution------- Admission in University of Engineering and Technology---Candidate was refused admission in University of Engineering and Technology on ground that he had less marks than 60% which was prerequisite for eligibility for such admission---Nothing was on record to suggest that candidate was treated discriminately---Candidate having failed to convince the Court that he had been refused admission wrongly, it could not be held that order refusing him admission was, either arbitrary or perverse. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Before a person was permitted to invoke Constitutional jurisdiction of High Court under Art. 199 of Constitution of Pakistan (1973), which was discretionary in nature, he had to prove that order challenged in Constitutional petition was either illegal, without lawful authority, without jurisdiction or in any manner tainted with malice. JUDGMENT JAWAID NAWAZ KHAN GANDAPUR, J.--- Briefly stated the facts of the case in hand are that the petitioner, who belongs to District Zhob of Balochistan Province, after having passed his F.Sc. (Pre-Engineering) applied to the Government of Balochistan for admission in N.-W.F.P. University of Engineering and Technology, Peshawar against one of the seats reserved for Balochistan students. The petitioner, after having competed with many applicants and after having fulfilled the requisite condition, was selected for admission in the first year engineering (mechanical) alongwith five others. Resultantly the petitioner, alongwith others, was nominated and referred to the University of Engineering and Technology for regular admission. The Director of Education, Government of Balocl:istan, also sent the documents/papers of the selected candidates, including the petitioner, to the said University and the petitioner was directed to report for admission, against one of the reserved seats, directly to the University of Engineering and 'technology vide: letter, dated 12-I-1998 ("Annexure 'C'). It has been alleged in the writ petition that the petitioner when reported to the respondents for admission was refused admission on the…

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